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Copyright Guidelines: Distance Learning

This libguide will give basic copyright advice for faculty, staff and students.

Distance Learning Basics

Best Practices for Distance or Remote Learning

1. Link whenever possible to library-licensed and other lawful online content. 

  • Use resources from the University of Mount Union. The databases are purchased and have copyright license agreements. 
  • Use the permalink (also referred to as persistent link or stable link) and embed it on your D2L page or syllabus.
  • Use United States Government resources which are created by the government and are available for public use.

2. Provide citations and have students find articles in the research databases. 

3. Request desired chapters and articles from the library to add to your electronic reserve for the course. 

When using materials from outside University of Mount Union, including films from commercial vendors such as Netflix or Hulu, check the license contract for copyright restrictions. Typically for profit companies limit the audience. Not all YouTube videos are without copyright restrictions.

4. Provide targeted video clips only, when possible. Streaming a purchased DVD from a classroom to off campus students is not covered by the Fair Use or TEACH Act. 

5. Avoid aggregation of materials that substitutes for purchase.

6. Once your course is complete, remove access to the D2L page that has available links. The page can be made available the next semester.

• Provide access only to students in your course. 

• Provide access only for the duration of the course. 

In addition to the law (U.S. Code), Section 110(1) intended to set out the conditions under which performances or displays are to be exempted from copyright control in the classroom, and Section 107, on Fair Use, the TEACH ACT also addresses and allows for the use of copyrighted materials through digital networks in distance learning. This Act tells us to limit access to students in the class for the term of the class, and to inform students that further distribution is prohibited. 

Even in a learning management system like D2L that allows for access to course materials for registered students only, faculty and staff must make every effort to comply with copyright restrictions. 

Start with a Fair Use assessment or a checklist of the material you wish to distribute using the checklist from Columbia University Libraries. Faculty are responsible for making the determination if the use of copyrighted material will be protected under Fair Use. If you are unsure in your conclusions document your efforts and consult with the library staff for advice and assistance. 

 

The Technology Education and Copyright Harmonization Act (TEACH Act) is an expansion of U.S. Copyright Law that provides allowances for online/distance education programs. Key points include:

  • Allowing reasonable or limited portions of dramatic and audiovisual works to be posted on a web platform for instruction;
  • Promoting direct links to electronic resources, videos that include attribution, and streaming media;
  • Allowing scenes and/or portions of films to be uploaded for limited amount of time for instructional purposes.